Latest Cases

European Union – Trade marks. The General Court of the European Union dismissed the action brought by Pensa Pharma, SA, against the decisions of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to invalidity proceedings between Ferring BV and Farmaceutisk Laboratorium Ferring A/S and Penso Pharma concerning the successful registrations by the latter company of a figurative mark 'pensa' and a word mark 'PENSA PHARMA' as Community trade marks. 

Contract – Breach. The claimant mobile network and telecommunications distribution company brought a claim against the defendant, one of its former dealers, for specific and/or cumulative repudiatory breaches of contracts, alleging that the defendant's customer service had led them to having been obliged to terminate his dealership. The defendant counterclaimed for wrongful termination of the contracts. The Mercantile Court held that the claim succeeded on liability in respect of breach of contract and the counterclaim failed. All the contracts had been lawfully terminated. However, the claimant had proved no contractual loss or damage as had been claimed. 

Insolvency – Statutory demand. The applicant had been served with a statutory demand in respect of a judgment debt owed by him. The applicant applied to the court to set the demand aside on grounds that it was arguable that the debt had already been discharged and because the respondents had served the demand, and issued bankruptcy proceedings against him, for a collateral purpose. The Chancery Division dismissed the application. There was no substantial dispute about whether the judgment debt was due because it was not arguable that the debt had been paid already. Further, on the evidence, there was no abuse of process or other reason that justified setting the demand aside. 

European Union – Trade marks. The General Court of the European Union ruled on the action brought by Stayer Iberica, SA (Stayer) against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) concerning invalidity proceedings between ZAO Korporaciya 'Masternet' and Stayer Ibérica, SA, regarding the registration by the latter company for a figurative sign depicting the word 'STAYER' as a Community trade mark. 

Sentence – Imprisonment. The claimant was a transgender prisoner serving a sentence of imprisonment for public protection for sexual offences she had committed when she was an 18-year-old male. She sought judicial review of the defendant Secretary of State's failure to provide the opportunity to do work specifically linked to sexual offending. The Administrative Court, in dismissing the application, held that the Secretary of State had not breached: (i) her public law duty; (ii) the duties under arts 5 and 14 of the European Convention on Human Rights; or (iii) the duties under ss 19, 29 and 149 of the Equality Act 2010. 

Land – Adverse possession. The respondents brought proceedings against J for possession and damages, contending that they were the registered owners of some land (the premises). Without mentioning the proceedings, J charged the premises to the appellant bank. The judge found in favour of the respondents and the Court of Appeal of the Republic of Trinidad and Tobago dismissed the bank and J's appeal. The Privy Council, in dismissing the bank's appeal, held that, in the circumstances, it had not been open to the Court of Appeal to have found for the respondents on the ground that they had obtained title by adverse possession. However, the first instance judgments in favour of the respondents, based on the finding that they had title to the premises through a 1909 deed, had been correct and would be affirmed. 

Company – Director. The claimant Secretary of State for Business, Innovation and Skills brought proceedings against the defendants, who were the directors of a company that imported plywood and sheet materials. He submitted that the defendants had made a number of false representations regarding the company's finances. The Chancery Division held that, on the evidence, the defendants were unfit to be concerned in the management of a company. A disqualification order would be made against either of them. 

Contract – Breach. The claimant university claimed a sum of money in respect of payment due under the validation agreement, pursuant to four invoices rendered in 2012 to the defendant business school. By a letter dated 20 December 2012 the university purported to terminate the validation agreement on account of the defendant's LCB's failure to pay the moneys due under the invoices. LCB denied that the invoices were properly rendered under the validation agreement and asserted that the university's purported termination of the validation agreement was ineffective and was itself a breach of contract. There was also a counterclaim for suspension of the university of LBC's validation. The Queen's Bench Division held that the claimant was entitled to judgment in respect of the claim and the defendant was entitled to judgment on the counterclaim. 

European Union – trade marks. The General Court of the European Union dismissed the action brought by Lithomex ApS (Lithomex) against the decision of the Fifth Board of appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) relating to invalidity proceedings between Glaubrecht Stingel GmbH & co. KG and Lithomex concerning the successful registration by Lithomex of the word sign 'LITHOFIX' as a Community trade mark. 

Settlement – Trust. In the course of a family dispute over the control of the Sherlock Holmes museum, the parties met and, later, agreed a settlement for a declaration of trust. A dispute arose as to when the order had been made and what its effects were. The Chancery Division held that the claimants were entitled to declarations on the claim that the declarations of trust dated 11 April 2013 were valid and binding. However, that was all the entitlement that had been established.